Netiv Ha'avot
Photo: Ohad Zwigenberg
High Court delays evacuation of Netiv Ha'avot
Ministers hail 'important and humanitarian' decision by Supreme Court Chief Justice Esther Hayut to postpone evacuation order for Gush Etzion settlement to facilitate a peaceful arrangement; Bennett: 'I thank extremist left-wing groups whose petitions result in establishment of new communities in Judea and Samaria.'
The High Court of Justice (HCJ) postponed on Wednesday the evacuation of the West Bank Netiv Ha'avot neighborhood in Gush Etzion by three months.
Part of the neighborhood was slated for evacuation next month in accordance with an order by the HCJ.
The decision came following an extension request by the state to provide more time to reach an agreement with the outpost's residents aimed at facilitating a peaceful evacuation.
(Photo: Ohad Zwigenberg)
“In the case before us, even though the ruling gave considerable time (a year-and-a-half) to prepare for the implementation of the demolition order, the state’s respondents could not finalize a residential alternative for the residents of the buildings on time,” wrote Supreme Court Chief Justice Esther Hayut in the ruling.
“As decreed, the locating of alternative land for the outposts does not constitute, as a rule, a pretext for an extension for the implementation of orders. However, this custom is not absolute,” she stressed.
“After I examined the request by the state’s respondents and the responses by the other sides, I believe that in the current case there are factors that justify granting a short extension for the implementation of the order, even if it falls outside the law.”
Gush Etzion Council head Shlomo Ne'eman praised Hayut’s decision. “I welcome the decision by the court that placed logic before rigid judgements and took into account families and children,” he said.
“The decision enables the residents to go from the doors of their homes to the doors of their temporary places of residence and caters for humanitarian conditions in an unhumanitarian reality of demolishing their homes,” he added.
Residents barricade themselves into structure that was evacuated (Photo: Ohad Zwigenberg)
Defense Minister Avigdor Lieberman also praised Hayut’s delay. “The HCJ accepted our position and postponed the evacuation of homes in Netiv Ha'avot. The HCJ decision will enable us to complete the dialogue with the residents and arrive at an agreement.”
Similarly, Education Minister and Bayit Yehudi leader Naftali Bennett, along with Justice Minister Ayelet Shaked from the same party, labelled Hayut’s ruling as “humanitarian and important.”
“Of course, it would have been better if the original petition had been rejected out of hand,” they added, promising to begin working and laying the groundwork for a new community.
In a sarcastic dig at left-wing organizations, they expressed their gratitude for the original petitions filed seeking the dismantling of settlements, which they said ultimately resulted in the advancement of their political cause.
“We are grateful to extremist left-wing organization for their success in establishing a new community in Judea and Samaria, which will not be able to be dismantled again. For every home that is evacuated as a result of extreme left-wing appeals, another community will be established,” Bennett and Shaked said in a statement.
On Sunday, the government unanimously approved a building plan for the Netiv Ha’avot neighborhood, which will include the allocation of funds for the construction of 350 new housing units.
